All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The decision of the court below (No. 1: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 10 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and as to this, it should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, and Article 54 (1) of the Road Traffic Act (the point of driving without a license after an accident) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of Road Traffic Act (unnecessary measures), and a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.